Florida Appeals Court Agrees With Homeowner In Mailing Error Foreclosure Case

by | March 17, 2015

Florida’s Fourth District Court of Appeal sided with homeowner, Bruce L. Blum, in his foreclosure case involving a notice of default that was sent to an incorrect mailing address. The Appeals Court overturned the judgment made by Senior Circuit Court Judge Midelis in favor of Deutsche Bank Trust Company, the lender that attempted to recover Blum’s Port St. Lucie home.

The three-judge Fourth District Court of Appeal found that Deutsche Bank failed to prove that it complied with the mortgage and note’s contractual requirement to mail a notice of default — commonly called a breach letter — to Blum as a condition leading to foreclosure. The breach letter admitted into evidence did not meet the requirement in the mortgage to deliver the default notice to the appellant at the “notice address,” specified in the mortgage as “the property address.”

Deutsche Bank sent the notice of default to a post office box rather than the property address, which was the official notice address listed in the mortgage. The house was vacant at the time.

The Appeals Court reversed and remanded the case for dismissal due to insufficient evidence that the notice of default was sent.

Contact Us

If you or someone you know is seeking legal guidance and representation from an experienced foreclosure attorney in South Florida, please contact Klein Law Group at 561-220-6659 or fill out the contact form on our website at www.kleinattorneys.com. We offer a free 30-minute consultation to discuss your individual case in family law, bankruptcy and real estate. Our offices are located in Boca Raton, West Palm Beach and Fort Lauderdale, Florida.

Get a Free Consultation

Read Some of our Other Recent Posts

Guide for Recently Divorced Women in Boca Raton Part II

In Part I of the Guide for Recently Divorced Women in Boca Raton we shared information specific to South Florida on how to develop new skills or refine old ones and join or form an intentional community. In Part II of the Guide for Recently Divorced Women in Boca...

Guide for Recently Divorced Women in Boca Raton: Part I

When prospective clients email Klein Law Group or come to our Boca Raton office to have our divorce attorneys initiate proceedings or respond to them – it’s usually the case that long before that point they have experienced inner turmoil, that this has caused...

Google My Business

Today we published an edition of our website via the GoogleMyBusiness platform.  You can visit it by clicking here, or get an idea of what's there by looking over it below.

Social Media Practices to Cultivate During your Divorce

A strategic guide for social media use for people going through a divorce. What you share on social media can have a significant impact on issues related to your divorce. Text, photos, and videos not only can be used as evidence in custody hearings, but can also have...

How To Prevent Home Buyer Burnout

The current housing market is so competitive that the pressures associated with it can cause buyer burnout - which leads prospective future first-time homeowners or those looking to move to stop looking and give up hope. In the below article I address buyer burnout...